Wrongful Death Claims

Nothing can heal the pain of losing a loved one. However, getting justice in their name is a small victory.

If your family member was killed due to someone else’s negligence, you may be able to bring a personal injury claim in their name. This type of lawsuit (or legal claim) is called  “wrongful death” case. Wrongful death cases can be challenging for various reasons. For one, the prime witness is now deceased, which can lead to difficulties in proving a sequence of events. Additionally, wrongful death cases typically require expert witnesses (such as economists) to prove a person’s lost earning capacity and other damages.

Wrongful death cases also present challenges because of their high monetary “value.” Insurance coverage may be insufficient, and creative avenues must be explored to achieve adequate compensation. Furthermore, an insurance company or attorney is sure to devote substantial resources towards defending a wrongful death lawsuit given the stakes.

Welts, White & Fontaine, PC is well-suited for handling complex and high-stakes personal injury lawsuits such as wrongful death claims. We’re the largest law firm in Nashua, NH, and have decades of experience in all aspects of injury law. Contact us today for a free consultation.

Damages You Can Recover In A Wrongful Death Case

Losing a loved one in a terrible accident is not easy to go through, as a Nashua, NH wrongful death lawyer is aware of. They have assisted many clients over the years, helping them to get justice for their loved one and obtain the compensation that they deserve. If you believe that your loved one has died because of the negligent actions of another person, you may be able to file a claim for them. You can seek legal help from a lawyer at Welts, White & Fontaine, P.C. and they can explain what kind of damages that you may be able to receive. 

Medical Bills

Medical bills can reach thousands of dollars, or even hundreds of thousands of dollars if you lost a loved one. The costs of paying for treatment alone can be steep, especially if your loved one had months or years of long-term care. If you obtain the help of a Nashua wrongful death lawyer, you can recover damages that include the medical bills you and your family have had to pay in order to care for your loved one after their injury. They will review your medical expenses and find out what your family could be entitled to recover. 

Pain and Suffering

The mental and emotional distress that you and your family experienced as a result of your loved one’s death can also be included as part of your damages. Non-economic damages like this can also be included in a wrongful death case. Losing a loved one in a sudden and tragic way can have a strong impact on the mental health of family members. A lawyer will use evidence such as mental health treatment records to argue that you and your family experience severe distress as a result of the loss of your loved one. 

Loss of Deceased’s Future Earnings 

The death of a loved one can dramatically impact your family financially, especially if they had a high income or were a primary earner. Without their earnings, your family may not be as stable. You can face a number of issues. You could be at risk of losing your home because you may fall behind on your mortgage or rent, or struggle to pay other bills. A lawyer will calculate all of your deceased loved ones earnings and find out what amount you can possibly recover. 

Loss of Companionship

The sudden death of a family member means that you no longer have them as a companionship. They will not be there to fulfill their importance. role. They will not be there to provide their love, nurturing, and support. A wrongful death lawyer can include loss of companionship as part of the list of non-economic damages. 

Funeral and Burial Expenses

The funeral and burial expenses can cost tens of thousands of dollars. It is important to include these expenses in your list of damages so that you can recover the costs and won’t have to bear the financial burden. Have a lawyer do the calculations to ensure that everything is accurate. 

For more information about what kind of legal services you can receive for a wrongful death case, schedule a consultation with a Nashua wrongful death lawyer from Welts, White & Fontaine, PC as soon as possible.

As a Nashua, NH wrongful death lawyer understands, It is always difficult when a loved one passes away. That pain can be exacerbated when you believe that the death occurred at the hands of an irresponsible party, such as medical professionals. If you have lost a loved one and think it may have been the result of medical malpractice, read the information below to help you decide whether you may have grounds to file a medical malpractice suit. If any of the following resonates, then consider contacting us at Welts, White, & Fontaine, P.C. as soon as you can.

Relationship to the Deceased

Not just anyone can sue for wrongful death. You must be a dependent or immediate family member in most states in order to be eligible to sue for the wrongful death of a person. This means you typically cannot sue for the death of a significant other unless you are married. However, if you covered medical or funeral expenses for the deceased, you may be able to recover those specific expenses in a lawsuit.

Representative of the Deceased’s Estate

In most cases, an immediate family member will be the representative of the deceased’s estate and no one will dispute that. In some cases such as those with children of the deceased who no longer speak, things can get tricky. Disputes as to who represents the estate will be settled by a probate court in most states.

What Damages Can Be Recovered

When suing for wrongful death in a medical malpractice lawsuit, the plaintiff can typically recover the deceased’s lost wages and employment benefits for those who were dependent upon the deceased at the time of death. This often includes spouses, minor children, and parents (if the parents can prove that the deceased supported them). Additionally, medical bills, funeral and burial expenses, and pain and suffering of the deceased can also sometimes be recovered.

Speak With a Medical Malpractice Attorney

If you think you may have a claim for a medical malpractice wrongful death suit, it would be wise to speak with a Nashua wrongful death lawyer. We have the knowledge needed to assist you in determining whether you have a chance to be successful in your lawsuit. There is no need to put yourself through a long and painful lawsuit if several lawyers feel you only have a minimal chance of recovering any damages. The lawyer you select to represent you will need to see medical and financial documentation from you, so be prepared to provide these documents.

Wrongful death cases tend to be more complex and emotionally charged, understandably. It is our job to help hold you up during this difficult time by holding the offending party responsible for the loss they caused you and your family. Call a Nashua wrongful death lawyer today from Welts, White, & Fontaine, P.C. if you lost a loved one due to another’s negligence or recklessness. We are prepared to assist your case as soon as you are ready.

New Hampshire Wrongful Death Lawyer FAQs

Losing a loved one due to someone else’s negligence or misconduct is a devastating experience, as a New Hampshire wrongful death lawyer can attest. In such tragic circumstances, you may have questions about your rights and the legal process involved in a wrongful death case. Here are five of the most commonly asked questions about a wrongful death case, along with brief answers to help provide some clarity; contact a lawyer from Welts, White, & Fontaine, P.C. for help.

What is a wrongful death case?

A wrongful death case arises when a person dies due to the negligence, recklessness, or intentional actions of another individual or entity. It allows the surviving family members or beneficiaries to seek compensation for their losses, including financial and emotional damages resulting from the death of their loved one.

Who can file a wrongful death lawsuit?

The laws regarding who can file a wrongful death lawsuit vary from jurisdiction to jurisdiction. In general, immediate family members such as spouses, children, and parents of the deceased have the legal standing to initiate a wrongful death claim. However, in some cases, extended family members or individuals who were financially dependent on the deceased may also have the right to file a claim. It is best to speak with a New Hampshire wrongful death lawyer to determine if you can file a claim.

What types of damages can be recovered in a wrongful death case?

The damages that can be recovered in a wrongful death case typically include economic and non-economic losses. Economic damages may include medical expenses, funeral costs, loss of financial support, and the value of the deceased’s lost earnings. Non-economic damages may encompass pain and suffering, loss of companionship, and emotional distress experienced by the surviving family members; the legal system recognizes that not all losses are purely material, which is why emotional damages are covered.

Is there a time limit for filing a wrongful death lawsuit?

Yes, there is a time limit, known as the statute of limitations, for filing a wrongful death lawsuit. This time frame varies depending on the jurisdiction and the circumstances of the case. It is crucial to consult with an attorney as soon as possible to understand the specific time limit applicable to your situation and to ensure timely filing of the lawsuit.

Do I need an attorney for a wrongful death case?

While it is not legally required to have an attorney, it is highly recommended to seek the assistance of an experienced wrongful death attorney. Wrongful death cases can be complex, involving intricate legal processes and negotiations with insurance companies or opposing parties. A knowledgeable attorney can provide valuable guidance, handle the legal complexities on your behalf, build a strong case, and help maximize the compensation you deserve.

Please note that these answers provide a general overview and may not address all the nuances of wrongful death cases. The specific details and legal requirements can vary depending on your jurisdiction and the circumstances surrounding the case. To fully understand your rights and legal options, it is important to consult with a qualified New Hampshire wrongful death lawyer who specializes in wrongful death cases in your area. They will be able to provide personalized advice based on the specific details of your situation. Contact a lawyer today at Welts, White, & Fontaine, P.C. for help.

Wrongful Death FAQs

Wrongful death lawyers understand how tragic and overwhelming it can be for families to lose a loved one due to the negligence of another party. New Hampshire law allows families to pursue wrongful death claims against those parties. This is a complex area of law that seeks to provide compensation and justice to the surviving family members who have suffered a loss. The following are FAQs about these actions. For more information, contact Welts, White & Fontaine, PC.

What is considered a wrongful death?

A wrongful death occurs when a person dies as a result of another party’s wrongful actions, such as negligence, recklessness, or intentional harm. Common scenarios include car accidents caused by a negligent driver, medical malpractice, defective products, workplace accidents, or intentional acts of violence. It is important to note that wrongful death claims are civil lawsuits and can be pursued in addition to any criminal charges that may be filed against the responsible party, as well as in incidents where no criminal charges are filed against the at-fault party.

Who can file a wrongful death claim?

Laws regarding who can file a wrongful death claim vary by jurisdiction, but typically immediate family members, such as spouses, children, and parents, have the right to file a claim. In some cases, extended family members or dependents may also be eligible to file a claim. It is advisable to consult with an attorney experienced in wrongful death cases to determine who is eligible to bring a claim in your specific situation.

What damages can be recovered in a wrongful death claim?

Damages that can be recovered in a wrongful death claim typically include economic and non-economic losses. Economic damages may include funeral and burial expenses, medical expenses prior to death, loss of financial support, and the value of household services that the deceased would have provided. Non-economic damages may encompass loss of companionship, emotional distress, pain and suffering, and the impact on the surviving family members’ quality of life. The specific types and amount of damages vary depending on the circumstances of the case and the laws of the jurisdiction. One of our wrongful death lawyers can evaluate your case to determine what damages your family may be entitled to.

What is the statute of limitations for filing a wrongful death claim?

The statute of limitations for filing a wrongful death claim sets a specific time limit within which a claim must be filed. This timeframe varies by jurisdiction and the type of claim involved. In New Hampshire, that time limit is three years. Failure to file within the specified timeframe may result in the loss of your right to pursue a wrongful death claim. Consulting with an attorney promptly after the loss can help ensure compliance with the statute of limitations.

Do I need an attorney for a wrongful death claim?

Engaging the services of an experienced attorney is highly recommended when pursuing a wrongful death claim. Wrongful death cases involve complex legal and procedural requirements, as well as the need to gather evidence, establish liability, and quantify damages. Wrongful death lawyers can guide you through the process, protect your rights, negotiate with insurance companies or opposing parties, and represent your interests in court if necessary. They can provide you with the support and expertise needed during this challenging time. To learn more, call Welts, White & Fontaine, PC. for a free consultation.

Frequently Asked Questions | Wrongful Death

If your family member was killed due to someone else’s negligence, you may want to contact Nashua wrongful death lawyers. Your family may be entitled to compensation. Here are some frequently asked questions and answers about these lawyers.

What is a wrongful death lawyer?

A wrongful death lawyer is a type of attorney who specializes in cases where an individual’s death was caused by the negligence, misconduct, or wrongful actions of another person, company, or entity. These lawyers help the surviving family members seek compensation and justice for the loss of their loved one.

What kind of cases do wrongful death lawyers handle?

Wrongful death lawyers handle a wide range of cases, including those involving medical malpractice, car accidents, workplace accidents, defective products, and more. Essentially, if someone’s death was the result of someone else’s negligence or intentional actions, a wrongful death lawyer can assist the family in pursuing a legal claim.

What can a wrongful death claim compensate for?

A wrongful death claim can compensate the surviving family members for various losses, such as medical expenses, funeral and burial costs, loss of income and financial support, emotional distress, and loss of companionship. The specific compensation depends on the circumstances of the case and the applicable laws in the jurisdiction.

How do I know if I have a valid wrongful death claim?

Determining the validity of a wrongful death claim can be complex and depends on the specific details of the case. Generally, if the death was caused by someone else’s negligence, recklessness, or intentional actions, there might be grounds for a claim. Consulting with a wrongful death lawyer is crucial to assess the viability of your case.

What is the role of a wrongful death lawyer in a case?

A wrongful death lawyer’s role involves investigating the circumstances surrounding the death, gathering evidence, interviewing witnesses, working with experts, and building a strong case. They negotiate with insurance companies and opposing parties and, if necessary, litigate in court to secure fair compensation for the family.

Can I afford a wrongful death lawyer?

Many wrongful death lawyers work on a contingency fee basis, which means they only get paid if they win the case. Their fees are typically a percentage of the compensation awarded, making legal representation more accessible to those who might not have the financial means upfront.

How long do I have to file a wrongful death claim?

The statute of limitations for filing a wrongful death claim varies by jurisdiction and the nature of the case. It’s important to consult a wrongful death lawyer as soon as possible after the incident to understand the time limits that apply to your situation.

Nashua wrongful death lawyers play a big role in helping families seek justice and compensation when their loved ones’ deaths were caused by negligence or wrongful actions. If you find yourself in such a situation, talking to a skilled wrongful death lawyer can provide the guidance and representation needed to navigate the legal complexities and pursue a favorable outcome.

Nashua Wrongful Death Laws

When facing the tragic loss of a loved one due to the negligence or wrongful actions of another party, it’s essential to understand the specific laws that govern wrongful death claims in New Hampshire. At Welts, White, & Fontaine, P.C., our dedicated team of attorneys has a deep understanding of these laws and is here to provide compassionate and expert legal guidance during this difficult time; contact our firm today if you are facing a wrongful death case.

New Hampshire Wrongful Death Statute

Under New Hampshire law, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity, which, if the deceased had survived, would have entitled them to a personal injury claim. The Nashua, NH wrongful death lawyer at our firm can assist you in understanding the intricacies of this statute and how it applies to your specific case.

Time Limit For Filing A Wrongful Death Claim

In New Hampshire, there is a statute of limitations that dictates the timeframe within which a wrongful death claim must be filed. Generally, the claim must be initiated within three years from the date of the deceased person’s death. Failing to file within this timeframe may result in the inability to seek compensation. However, there may be exceptions to this rule, depending on the circumstances of the case, which our experienced Nashua wrongful death lawyer can help you navigate. Even if your case happened some time ago, it is important to consult with a lawyer to verify whether or not you have a case.

Recoverable Damages

New Hampshire law allows for various types of damages to be recovered in a wrongful death case. These may include:

1. Economic Damages: These types of damages are the most common that people are familiar with; this category encompasses medical expenses, funeral and burial costs, and any lost wages or future earnings that the deceased person would have contributed to the family.
2. Non-Economic Damages: Non-economic damages address the emotional suffering, pain, and loss of companionship experienced by surviving family members due to the loss of their loved one.
3. Punitive Damages: In certain cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party.

Who Can File A Wrongful Death Claim?

New Hampshire law specifies who is eligible to file a wrongful death claim. Typically, the surviving spouse, children, parents, or other family members who were financially dependent on the deceased may be eligible to seek compensation. The key here is that you must have relied on the person who passed away for financial support in some way. Understanding the eligibility criteria and establishing a valid claim can be complex, which is where the expertise of a Nashua wrongful death lawyer becomes invaluable.

How We Can Help

Navigating the legal intricacies of wrongful death claims in New Hampshire can be challenging, especially while dealing with the emotional impact of your loss. At Welts, White, & Fontaine, P.C., we are committed to providing you with compassionate and expert legal support. Our experienced Nashua wrongful death lawyers will work diligently to investigate the circumstances of your case, determine liability, and seek the compensation you deserve.

If you have lost a loved one due to the negligence or wrongful actions of another, don’t hesitate to reach out to us. We understand the profound impact of such a loss and are here to help you pursue justice on their behalf. Contact us today for a free consultation, and let us guide you through the legal process while you focus on healing and remembering your loved one.